Ohio Voting Days Are Back, Not Mandatory

Federal court rules against secretary of state

October 6, 2012

COLUMBUS, Ohio - A federal appeals court on Friday reinstated in-person early voting in the swing state of Ohio on the final three days before the Nov. 6 election.

But local boards of elections would have the discretion to decide whether to allow voters to cast an early ballot on the weekend and Monday before Election Day - just as they had the ability to do so in 2008.

The ruling by the three-judge panel of the 6th U.S. Court of Appeals in Cincinnati came in a case targeting a state law that ends early voting for most residents on the Friday evening before a Tuesday election. The law makes an exception for military personnel and Ohio voters living overseas.

Article Photos

AP PhotoJayden Isaac, 2, waits for his mother, Nicole, to cast her ballot inside the Cuyahoga County Board of Elections in Cleveland on Tuesday.

HUSTED

Obama's campaign and Democrats sued Ohio's Secretary of State Jon Husted and Attorney General Mike DeWine over the legality of the law. They argued that everyone should have a chance to vote on those days.

Husted had made the changes in response to a demand for uniform early voting hours statewide.

Husted said his office was still reviewing the 6th Circuit's decision, and that no action would be taken on Friday or this weekend.

Ohio is among 34 states, plus the District of Columbia, where people can vote early without giving any reason.

The Democrats who sued said a series of legislative changes by state lawmakers had arbitrarily eliminated the opportunity for most Ohio residents to vote in person on the three final days before the election, while giving military or overseas voters the chance to do so.

Attorneys for the state have said many laws already grant military personnel special voting accommodations, such as requirements for states to send them absentee ballots 45 days before the election. And they contend local boards also need those three days to prepare for the election.

U.S. District Judge Peter Economus in Columbus had ruled that voters' right to cast ballots in person on those three final days outweighs the state's reasons for limiting that opportunity. The judge issued a preliminary injunction on Aug. 31, concluding that the state's law was unconstitutional in changing the in-person early voting deadline and that the state was wrongly valuing certain votes above others.

The appeals court affirmed the lower court's ruling on Friday.

"While we readily acknowledge the need to provide military voters more time to vote, we see no corresponding justification for giving others less time," Judge Eric L. Clay wrote in the opinion.

Economus had said in his ruling that he expected Husted to direct all county elections boards to maintain a specific, consistent schedule on those final three days.

But the appeals court said it didn't interpret the judge's order as mandating early voting hours during the final days.

While the state can't prevent nonmilitary voters from participating in early voting, Clay wrote, "the State is not affirmatively required to order the boards to be open for early voting."

Clay said local boards of elections would have the discretion to allow all Ohio voters to vote during Saturday, Nov. 3; Sunday, Nov. 4; and Monday, Nov. 5.